To: Provincial/municipal Tax Departments

In order to uniformly apply the tax policy to the sale of membership cards by golf course business enterprises, the Ministry of Finance hereby provides the following guidance:

1. If gold course business enterprises had allocated BIT-liable turnovers earned from the sale of membership cards from December 31, 1999 backwards at variance with legal documents on taxes which were effective at the time of allocation, re-allocation shall not be required because the statute of limitations for retrospective BIT collection has expired according to the provisions of current laws.

2. For BIT-liable turnovers earned from the sale of membership cards from January 1, 2000 to December 31, 2003: Golf course business enterprises shall determine such turnovers under the provisions of Finance Ministry’s Circular No. 89/1999/TT-BTC of July 16, 1999, Circular No. 13/2001/TT-BTC of March 8, 2001, and Circular No. 18/2002/TT-BTC of February 20, 2002. If enterprises have accounted or allocated such turnovers by the method guided in the General Department of Taxation’s Official Letter No. 1850 TCT/CS of June 20, 1996, and the Finance Ministry’s Official Letter No. 1806 TC/TCT of June 2, 1997, re-accounting or re-allocation shall not be required.

3. As from January 1, 2004, BIT-liable turnovers earned from the sale of membership cards shall be determined under the provisions of the Finance Ministry’s Circular No. 128/2003/TT-BTC of December 22, 2003, guiding the implementation of the Government’s Decree No. 164/2003/ND-CP of December 22, 2003, detailing the implementation of the Law on Business Income Tax.

The Ministry of Finance hereby notifies the aforesaid guidance to enterprises for uniform implementation.

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